The Supreme Court has set Thursday, February 11, to decide on an oral application by the Electoral Commission (EC) and President Nana Akufo-Addo about not calling witnesses in the ongoing election petition.
The two respondents have indicated to the court that having heard the evidence of the witnesses of former President John Mahama and upon cross-examining them, they do not intend to call witnesses.
Making his argument in court earlier today, Justin Amenuvor, lead counsel for the EC told the court that they will not be calling any witnesses to advance their case.
He cited decided cases in which the court held that the court cannot compel a party to testify in a matter.
Akoto Ampaw, lead counsel for Nana Akufo-Addo who associated himself with the submissions of Mr. Amenuvor added that the burden of proof lies on the plaintiff and if the defense decides not to lead evidence the court would have to rely on the evidence of the plaintiff to make a determination.
He told the court that Mr. Mahama should actually be happy that the respondents have chosen not to testify and that the court would rely on the evidence of his witnesses to make a determination.
Tsatsu Tsikata, lead counsel for Mr. Mahama opposed the application saying the respondents have already adduced evidence by filing a witness statement hence cannot say they will not be calling witnesses.
He added that the respondents are not seeking to withdraw the witness statements but are only announcing that they do not intend to call witnesses.
The seven member panel of the court presided over by Chief Justice Kwasi Anin Yeboah adjourned the matter to February 11, 2021 for ruling.
Petition
The former President has petitioned the Supreme Court over the results of the 2020 Presidential election which according to the Electoral Commission was won by Nana Akufo-Addo.
Mr. Mahama in his petition is urging the Supreme Court to annul the results of the December polls as none of the candidates who contested the election got the required 50 percent plus of the total votes cast.
He is also asking the Apex Court for an order of injunction restraining Nana Akufo-Addo holding himself out as President-elect.
Again, the former President wants the court to order the Electoral Commission to organize a second election with himself and Nana Akufo-Addo as the only two candidates.
BY Gibril Abdul Razak